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street; running thence southerly, and along the rear of two lots of land belonging to the estate of Charles Welsch forty-seven feet and six inches ; thence easterly and parallel with Forty-ninth street, thirtysix feet and seven inches, more or less, to land belonging to Columbia college; thence northerly along said land nearly at right angles, fortyseven feet and six inches; thence westerly and parallel with Fiftieth street, thirty-eight feet, more or less, to the place or point of beginning,” is hereby released to Charles Wurster of the city of New York, and to his heirs and assigns.
§ 2. Nothing herein contained shall be so construed as to impair, release or discharge the right, claim or interest of any purchaser, heirat-law or any creditor by mortgage, judgment or otherwise in said real estate.
8 3. This act shall take effect immediately.
Not to impair vested rights.
AN ACT establishing the fees to be charged by the secretary of state for official services.
PASSED May 13, 1882. The People of the State of New York, represented in Senate and
Assembly, do enact as follows: Fees.
Section 1. The secretary of state shall hereafter charge and col
lect the following fees for official services: For copies
For copies of all papers and records not required to be certified or of papers. otherwise authenticated by him, ten cents for each folio of one hun
dred words. For certi
For certified or exemplified copies of all laws, records and papers fied copies. (except as hereinafter stated), fifteen cents for each folio of one hun
dred words, and one dollar for every certificate under seal affixed
thereto. For great For every certificate under the great seal of the state, one dollar. seal certif
For recording every certificate, notice or other paper (except as herecates. For
inafter stated) required by law to be recorded, fifteen cents for each recording. folio of one hundred words. For certin
For every certificate under the seal of his office (except certificates as to the official character of commissioners of deeds residing in other states or foreign countries), one dollar ; and for certificates as to the official character of such commissioners, twenty-five cents.
For erery patent for lands under water, five dollars, and for every other patent the sum of one dollar for each separate lot embraced in such patent.
For each license granted to a peddler, the sum of two dollars. licenses.
For recording the depositions of resident aliens, fifty cents, and for For alien deposi- a certified copy of such deposition, fifty cents. tions.
For filing every certificate of incorporation under chapter forty of the For fling certificates laws of eighteen hundred and forty-eight, entitled “An act to authorof incor
ize the formation of corporations for manufacturing, mining, mechanporation.
ical or chemical purposes," and the acts amendatory thereof, the sum of ten dollars.
For filing every certificate of incorporation of gas-light companies, turnpike companies, water-works companies, ferry companies, navigation companies, telegraph companies, telephone companies, hotel companies, and co-operative associations, and of every business corporation or company (except as hereinafter stated), the sum of ten dollars.
For filing, recording and issuing all the necessary papers in and For Aling about the organization of business corporations formed under chapter and
recording, six hundred and eleven of the laws of eighteen hundred and seventy- etc., busifive, the sum of ten dollars, and for a certified copy of the certificate porations. of incorporation of such last-named business corporations, the sum of three dollars.
For filing articles of association of a railroad to be constructed in a For Aling foreign country and issuing certificate of incorporation and recording articles of the same, the sum of fifty dollars.
railroads. For filing articles of association of every other railroad and for filing every agreement of consolidation between two or more railroads, the sum of twenty-five dollars.
For certified copies of the evidence and proceedings of the board of For certiaudit, on appeal to the supreme court, to be paid by the appellant on brevio serving notice of appeal, the sum of fifteen cents for each folio of one dence, eto. hundred words.
$ 2. No fee shall be charged or collected for copies of papers or records furnished to public officers for use in their official capacity.
$ 3. All fees charged and collected by the secretary of state belong Fees tho to the people of this state and shall be paid into the treasury of the property state to the credit of the general fund.
$ 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.
85. This act shall take effect immediately.
AN ACT to amend chapter one hundred and seventy-six of
the laws of eighteen hundred and seventy-two, entitled “ An act in relation to the village of Canandaigua, and to provide a police justice and police constables in said village, and defining their powers and duties," and the acts amendatory thereof.
PASSED May 15, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Chapter one hundred and seventy-six of the laws of eighteen hundred and seventy-two, entitled "An act in relation to the rillage of Canandaigua, and to provide a police justice and police constables in said village, and defining their powers and duties," and the acts amendatory thereof, is hereby further amended by adding thereto as follows:
$ 21. Marshall Finley, James McKechnie and Evander Sly, resident Police, tax payers of the village of Canandaigua, upon taking the constitu- commistional oath of office, shall be and hereby are constituted a board of police commissioners of the village of Canandaigua, who shall serve,
without pay, for two, four and six years, respectively, said terms of office to be determined by said commissioners by lot within thirty days after the passage of this act, and each two years thereafter the trustees of the village of Canandaigua shall appoint one commissioner, who shall be a resident tax payer of the village of Canandaigna, to serve for a full term of six years, and until his successor is appointed; and the
said trustees may at any time appoint to fill a vacancy occurring in Removal said boird of commissioners for the unexpired term. Said commis
sioners, or any of them, or their successors, may be removed for neglect to perform their prescribed duties, or for official malfeasance of any kind, by a majority vote of the trustees of said village; but prior to such removal, written charges shall be preferred by at least a majority of the trustees of said village, and an opportunity to answer in person shall be given. Said charges must be preferred against individual members of the board of police commissioners, and not against the whole board.
$ 22. The said police commissioners shall, within ten days after oath. their appointment, take the constitutional oath of office, and shall elect Clerk. their own presiding officer. They shall appoint from their own num
ber a clerk, whose duty it shall be to keep a record of all appointments and removals made by them as hereinafter contained, and also of acts and regulations done or enacted by them as said board of police commissioners, which said record shall at all times be open to the inspection of the trustees of said village and of the town board.
8 23. The board of police commissioners shall appoint such number of policemen as shall be fixed by the trustces of the village of Canandaigua, not to exceed four, who shall constitute the police force of said village, who shall hold office during the pleasure of the board of police commissioners, and who shall take and file with clerk of the village of Canan laigua the constitutional oath of office before entering upon the duties of his office. A certificate of the appointment of such policemen shall be duly filed with the clerk of the village of Canandaigua, and a copy thereof, duly certified by said clerk, shall be filed
in the office of the clerk of Ontario county. Chief of $ 24. One of such policemen shall be designated by the board of police.
polico commissioners as "chief of police,” who shall perform such duties as shall be prescribed by law, or by the rules and regnlations of the trustees of the village of Canandaigua and the board of police
commissioners. Vacancies. 8 25. In case of a sacancy in said police force for any cause, the said
board of police commissioners shall appoint to fill the vacancy, and they may remove any of said policemen upon being convinced of their incompetency, or of their being guilty of illegal, corrupt or other im
proper conduct. Powers $ 26. The said policemen shall have the full power and duties of ar policies constables of towns in regard to criminal process and proceedings, and
in addition thereto, all the powers and duties conferred by the charter of the village of Canandaigna upon police constables; and they shall perform such other duties as shall be lawfully prescribed by the rules and regulations of the trustees of the village of Canandaigua, and the board of police commissioners, and it shall be the duty of such policemen to serve any and all process and papers issued by the police justice of the village of Canandaigua, and no other officer or person shall have the authority to serve such process and papers, except where in the opinion of the police justice the service can be more efficiently performed by the sheriff of Ontario county, or by a town
constable; and this discretion shall apply only to those cases arising without the corporate limits of the village, or in cases of felony, and it shall not be competent for any constable or deputy sheriff to make arrests within the town of Canandaigua without warrant, except in cases of breach of the peace, while actually occurriug. But no limitations of the powers of constables or deputy sheriffs shall apply to any special police, or those special deputy sheriffs appointed under an act passed April twelfth, eighteen hundred and sixty-seven (being chapter three hundred and seventy-five of the laws of eighteen hundred and sixty-seven), or to any violation of the game laws of the state.
$ 27. The pay of each of said policemen shall be at the rate of forty- Compensa five dollars per month, for such time as he shall actually serve, except tlon. that the policeman designated as “chief of police” shall be paid at the rate of fifty-five dollars per month. Such salaries shall be paid monthly, upon the warrant of the trustees of said village, drawn upon the treasurer of the village, and the money to pay the same shall be taken from the fund which is designated as the police justice fund. Whenever there shall not be sufficient money to the credit of that fund with which to pay such salary, then and in that case the trustees of the village of Canandaigua are hereby authorized to borrow money sufficient for such purpose, and the amount so borrowed shall be in addition to and collected with the amount annually raised by taxation in said village as now authorized by law. Such policemen shall not receive any other compensation, except when traveling in discharge of their duty in conveying persons in* prison, or by direction of the police commissioners in the discharge of their duties, or upon direction of the police justice upon warrant issued by him, when their actual expenses shall be paid, upon a verifind account of the items of such expenses in detail, to be certified by the board of police commissioners, and audited and paid by the trustees of the village of Canandaigua out of the police justice fund,
$ 28. Each of said policemen shall keep a correct account of such services rendered by him, as have heretofore been a town or county services, charge, and such accounts, duly verified and sworn to by such police- bills for, men, shall be presented by the police commissioners at least once a year to the proper town and county auditing boards ; which accounts shall be a charge against the town or county as if made by a town constable as heretofore. The amount allowed by the county auditing board and charged to the county shall be paid by the supervisors of said county to the treasurer of the village of Canandaigua; and the amount audited and charged to the town of Canandaigua shall be collected as other town taxes are collected, and be paid by the supervisor of said town when collected to the treasurer of said village to the credit of said fund. Except that no extra compensation shall be charged against the town for “ care of prisoners,” which said care shall be a part of the duty of said police, and only such drawback for meals for prisoners shall be allowed against the town as shall have been actually expended in furnishing such meals at the lowest attainable rate.
$ 2. Section four of said act, as amended by chapter two hundred and twenty-six of the laws of eighteen hundred and seventy-two, is hereby amended so as to read as follows:
$ 4. He shall have exclusive jurisdiction of all criminal matters Jurisdicwithin the corporate limits of said village, of which justices of the tiou. peace and courts of special sessions now have or hereafter shall have jurisdiction within the towns of this state, except as hereinafter pro
So in original,
vided. He shall also have exclusive jurisdiction to try, and shall proceed (without allowing bail to the grand jury) and try all persons brought before him, accused of any crime of the grade of misdemeanor or of a lesser degree and not punishable by imprisonment in the state prison ; but any such person shall have the right of trial by jury as provided in courts of special sessions, if he shall demand the same. He shall also have concurrent jurisdiction with justices of the peace of all criminal matters within the town of Canandaigua, ol which the justices of the peace and courts of special sessions now have or shall have jurisdiction within the towns of this state. Said justice shall in all things relating to the mode and manner of procedure in his court, and in the arrangement of trial of parties accused, be governed by the same laws and rules as justices of the peace or courts of special sessions in towns.
§ 3. Section fifteen and section eighteen of said act, as amended by chapter five hundred and twenty-five of the laws of eighteen hundred and eighty, are hereby repealed.
8 4. This act shall take effect on the first day of October, eighteen hundred and eighty-two.
of eighteen hundred and seventy-three, entitled “An act to
Passed May 15, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Section twelve of chapter five hundred and five of the laws of eighteen hundred and seventy-three, entitled “An act to reorganize the village of Gloversville, is hereby amended so as to read as follows:
$ 12. No person shall be elected or appointed to any village office unless he is a resident of said village; and whenever any officer of said village ceases to be a resident of said village for which he was elected or appointed, his office shall thereby become vacant.
§ 2. The president, trustees and assessors shall be freeholders of said village.
§ 3. This act shall take effect *may fifteenth, eighteen hundred and eighty-two.
Only residents to hold office.
Oficers to he freeholders.
AN ACT to amend chapter one hundred and fifty of the laws
of eighteen hundred and seventy-two, entitled " An act to incorporate the city of Kingston.”
Passed May 15, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Section thirteen of chapter one hundred and fifty of the laws of eighteen hundred and seventy-two, entitled “An act to
• So in original.